Boulder officials already had said they wouldn't enforce the city's occupancy ordinance against known housing cooperatives until the City Council considers an ordinance making it easier to set up group living arrangements.

Now landlords also are exempt from the requirements of an ordinance that was passed late last year with the intention of making it easier for Boulder to enforce the occupancy limit until the council reconsiders two of those requirements: that the legal occupancy of a rental unit be posted inside the unit and that landlords include the legal occupancy in advertisements for rental units.

Last year, Boulder officials saw the advertising requirement as key to the success of the ordinance.

It's been difficult for the city to enforce the occupancy limit, which says that no more than three or four unrelated people, depending on the underlying zoning, can live together, regardless of the size of a house or the number of bedrooms.

The ordinance required that legal occupancy be included in advertisements and allowed advertisement above the legal limit to be used as evidence of over-occupancy. It also made it a crime in its own right to advertise units as holding more than the legal occupancy.

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The posting requirement was intended as a way to make sure tenants, and in the case of students, their parents, couldn't say later they didn't know what the legal occupancy was. Early versions of the ordinance would have required the occupancy to be posted outside the house or apartment, but council members changed it to inside after many people said the signs would create a stigma around rental units.

'Disappointing we're back here again'

But on Tuesday, a representative of the Boulder Area Rental Housing Association and several landlords told the council that the posting requirement was impractical and impinged on renters' ability to enjoy their homes.

They also said they rented some units to fewer people than the legal occupancy limit, and the posting and advertising requirements could create confusion about what was allowed by the landlord. They added that housing websites filter information differently, making it hard to comply with the advertising requirements.

Councilwoman Jan Burton, who was not on the council when the occupancy ordinance was debated, said she felt like the landlords raised legitimate concerns. She asked for and received a "nod of five" from her fellow council members to re-open the issue, with the City Attorney's Office set to bring back a recommendation within a few months.

However, Councilman Andrew Shoemaker, who has pushed for more occupancy enforcement, especially on University Hill, where single-family homes are giving way to student rentals, expressed frustration at the process. The City Council held two public hearings and three votes on the ordinance and changed several requirements in response to landlord concerns.

"The whole reason we have a public process — and here we had a far more extensive process than normal — is to get that feedback, and it's disappointing that we're back here," he said.

'Make some great strides'

Mayor Suzanne Jones said the council's intention is to address a narrow issue and see if any changes are appropriate.

"Hopefully we're not opening a can of worms," she said. "We just want to narrow a few things. Easier said than done."

Councilwoman Mary Young reminded her colleagues that enforcing occupancy was seen as important to creating political room to consider a co-op ordinance, as the council plans to do this year.

Burton said she doesn't want to back away from enforcement.

"What are we doing to enforce right now? Have we tried everything we can try there?" she asked, drawing nervous laughter from other council members.

City Attorney Tom Carr said he believes the occupancy ordinance adopted last year coupled with a co-op ordinance that creates a legal path will mean the city can do a better job.

"We have the tools to do a much better job than we have in the past," he said. "My own view is that we've purposely not (enforced) because over-occupancy serves a purpose. But if we straighten this out, I think council can make some great strides and can do some real enforcement."

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